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Animal Health: Law drafting instructions to provide new primary legislation

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 20 July 2015:

Decision Reference:  MD-PE-2015-0047

Decision Summary Title :

Animal Health legislation

Date of Decision Summary:

14 July 2015

Decision Summary Author:

 

States Veterinary Officer

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Animal Health Legislation

Date of Written Report:

14 July 2015

Written Report Author:

States Veterinary Officer

Written Report :

Public or Exempt?

Public

Subject:

Regulation to prevent introduction and spread of animal diseases and to demonstrate disease freedom by surveillance and testing.

Decision(s):

The Minister decided to provide new primary legislation to enable application of proportionate controls to prevent introduction and spread of diseases which have major economic importance or can be transmitted to humans from animals and to carry out surveillance and sampling necessary to demonstrate disease freedom

Reason(s) for Decision:

To update and consolidate existing legislation, some of which is no longer fit for purpose and to enable efficient application of EU legislation and international standards to animal health. To enable introduction of fees in accordance with User Pays policy.

Resource Implications: None for provision of draft legislation. Fees for necessary inspections and provision of associated evidence e.g documented approvals and certificates will apply to animal and business owners subject to any relevant provision.

Action required:

SVO to provide law drafting instructions.

Signature:

 

Position:

Minister for Planning & Environment

 

Date Signed:

 

Initials

 

Date of Decision (If different from Date Signed):

 

 

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